HomeMy WebLinkAbout19930484 Ver 1_COMPLETE FILE_19930611DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 17, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199302822 and Nationwide Permit No. 26
Waters)
Lowe's Companies, Inc.
Post Office Box 1111
North Wilkesboro, North Carolina 28656-0001
Dear Sirs:
(Headwater and Isolated
V,1ATF_R 0tjALI i Y 5!-
Please reference the site visit of March 30, 1993, conducted by Mr. John
Thomas of my staff at the site for the proposed Lowe's development located off
Hanes Mall Boulevard adjacent an unnamed tributary to Little Creek,
Winston-Salem, 13 County,
North Carolina. Also in attendance at the
meeting was Mr. Craig Turner of Land Management Group, Inc. (consultant for
site). The purpose of this meeting was to review wetland delineations
conducted by Mr. Turner for the aforementioned site, and to inspect the site
for waters and wetlands subject to Department of the Army permitting
authority.
The meeting revealed that the proposed site is located adjacent, and above
the headwaters of, an unnamed tributary to Little Creek. The review of the
proposed development plans indicates that construction of the facility will
involve adverse modification to 0.58 acre of wetlands on the aforementioned
tributary.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification. This NWP does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
876-8441.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (with enclosure):
Land Management Group, Inc.
c/o Mr. Craig Turner
Post Office Box 2522
Wilmington, North Carolina 28402
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Regional Office Manager
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Winston-Salem, North Carolina 27106
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 29, 1993
Mr. Mitchel L. Franklin
Lowe's Companies
Real Estate Department
Box 1111
North Wilkesboro, N.C. 28656-0001
Dear Mr. Franklin:
AIVIVA4r
-OWL
?EHPA R
Subject: Proposed fill in Wetlands or Waters
Winston-Salem Lowe's site
Forsyth County
DEM Project # 93484
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.58 acres of wetlands or waters which are
tributary to Muddy Creek for development of a Lowe's located at S.
Stratford Rd. and Hanes Mall Blvd. in Forsyth County as described in
your submittal dated 3 June 1993, we have determined that the proposed
fill can be covered by General Water Quality Certification No. 2671
issued January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for coverage
under Corps of Engineers' Nationwide Permit No. 26. An additional
condition is that a final stormwater management plan including a wet
detention pond must be approved in writing by DEM.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at. 919-733-
erely,
?A )0
ston-Howard, , J P.E.
e
93484.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
Craig Turner; Land Management Group
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # (919) 733-1338
TELECOPY TO:
FAX NUMBER:
FROM:
NUMBER OF PAGES, INCLUDING THE CO
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KLEIN ENGINEERING
AND ASSOCIATES
322 South 4th Street
Wilmington, NC 28401
(919) 763-7900
July 19, 1993
File No.: 93015
Mr. Ron Farrell
NC DEHNR \
Water Quality Plann 0
P.O. Box 29535
Raleigh, NC 27626-i
Re: Lowe's Facility m
Dear Mr. Farrell:
Our office met with h
NC DEHNR Forsyth Co
Lowe's project locate(
HWY 158). Also in
Lindsay McCrady of Lou
Group, Inc.
Spencer of the
s the proposed
ord Road (NC
nklin and Mr.
id Management
Of particular concern was the need to provide some means for
maintaining existing area water quality while improving the water
quality of the resultant runoff from the project site.
Furthermore, incorporating said means into the confines of -the
project boundary was discussed.
In particular, several methods were noted that if used
concurrently may provide the desired result. These methods
include the following:
1. Use of oversized piping and restrictive outlets for the
parking lot drainage to minimize the effect of the additional
runoff to the basin and to help maintain non-erosive velocities
downstream, promote infiltration and enhance nutrient removal of
the resultant runoff.
2. Use of innovative parking lot catch basin design
incorporating a means for enhancing sediment entrapment and oil
and grease capture to prevent said pollutants from leaving the
project site. Also, provide some form of maintenance agreement
to insure that the basins are routinely inspected and cleaned as
required.
3. Use of a small-scale sediment basin, if possible, on the site
prior to final discharge. This method was to be evaluated and
implemented if onsite grades and available land use permitted.
Page Two
Mr. Ron Farrell
July 19, 1993
4. Use of mitigation with in-kind wetlands to be set aside in
some ratio of those to be filled. Various ratios were discussed
with a starting point being two (2) to one (1). Said set aside
should be within the same watershed as that to be filled and as
close to the project site as possible.
Mitigation plans, developed by Land Management Group, Inc., will
be submitted for review. Said plans will describe a specific
parcel and the necessary procedures to transform the upland areas
into wetlands. Wetland species revegetation and a yearly
monitoring program will be utilized in creating these wetlands.
We trust that your office concurs with the findings developed
during the onsite meeting. Based on the meeting, plan revisions
are currently being made to implement all possible methods
discussed. In addition, land evaluations are currently underway
to acquire a suitable tract for mitigation. Should there be any
questions concerning what was discussed or the outcome, please do
not hesitate to contact our office.
We appreciate all the representatives taking the time to meet
onsite to discuss the project and hope that the project can be
constructed to the mutual satisfaction of all parties.
Sincerely,
KLEIN ENGINEERING AND ASSOCIATES
J HN K. KLEIN, PE
cc: Mr. Mitch Franklin - Lowe's Inc., Engineering & Construction
Mr. Lindsay McCrady - "
Mr. Ron Linville - NC DEHNR
Mr. Lee Spencer - NC DEHNR
Mr. Craig Turner - Land Management Group, Inc.
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N. C. Dept. of Natural Resources and Comm
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # (919) 733-1338
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EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0200
include all waters designated by "Tr" in the water classification.
(53) Waste disposal includes the use of waters for disposal of sewage, industrial waste or other waste
after approved treatment.
(54) Water dependent structures are those structures for which the use requires access or proximity to
or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks
and bulkheads. Ancillary - facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat storage areas are not water dependent structures.
(55) Water quality based effluent limits and best management practices are limitations or best
management practices developed by the Division for the purpose of protecting water quality
standards and best usage of surface waters consistent with the requirements of General Statute
143-214.1 and the Federal Water Pollution Control Act as amended.
(56) Waters with quality higher than the standards means all waters for which the determination of waste
load allocations (pursuant to Rule .0206 of this Section) indicates that water quality is sufficiently
greater than that defined by the standards such that significant pollutant loading capacity still exists
in those waters.
(57) Watershed means the entire land area contributing surface drainage to a specific point. For the
purposes of the water supply protection rules (I 5A NCAC 2B .0211) local governments may use
major landmarks such as highways or property lines to delineate the outer boundary of the drainage
area if these landmarks are immediately adjacent to the ridgeline.
History Note: Statutory Authority G. S. 143-214.1; 143-215.3(a)(I);
E/ February 1, 1976;
Amended Eff: February 1, 1993; August 3, 1992; August 1, 1990; October 1, 1989.
0203 PROTECTION OF WATERS DOWNSTREAM OF RECEIVING WATERS
Water quality based effluent limitations or management practices for direct or indirect discharges of waste
or for other sources of water pollution will be developed by the Division such that the water quality standards
and best usage of receiving waters and all downstream waters will not be impaired.
History Note: Statutory Authority G. S. 143-214.1; J43-215.3(x)(1);
Ef .. February 1, 1976,•
Amended Etf. October 1, 1989; January 1, 1985; September 9, 1979.
.0204 LOCATION OF SAMPLING SITES AND MIXING ZONES
(a) Location of Sampling Sites. In conducting tests or making analytical determinations of classified waters
to determine conformity or nonconformity with the established standards, samples shall be collected outside
the limits of prescribed mixing zones. However, where appropriate, samples shall be collected within the
mixing zone in order to ensure compliance with in-zone water quality requirements as outlined in Paragraph
(b) of this Rule.
(b) Mixing Zones. A mixing zone may be established in the area of a discharge in order to provide
reasonable opportunity for the mixture of the wastewater with the receiving waters. Water quality standards
will not apply within regions defined as mixing zones, except that such zones will be subject to the conditions
established in accordance with this Rule. The limits of such mixing zones will be defined by the division on
a case-by-case basis after consideration of the magnitude and character of the waste discharge and the size and
character of the receiving waters. Mixing zones will be determined such that discharges will not:
(1) result in acute toxicity to aquatic life [as defined by Rule .0202(1) of this Section] or prevent free
passage of aquatic organisms around the mixing zone;
(2) result in offensive conditions;
(3) produce undesirable aquatic life or result in a dominance of nuisance species outside of the assigned
mixing zone;
(4) endanger the public health or welfare.
In addition, a mixing zone will not be assigned for point source discharges of fecal coliform organisms in
waters classified "WS-II," "WS-II1," "B," "SB," or "SA." For the discharge of heated wastewater,
compliance with federal rules and regulations pursuant to Section 316(a) of the Federal Water Pollution
Control Act, as amended, shall constitute compliance with Subparagraph (b) of this Rule.
NORTH CAROLINA ADMINISTRATIVE CODE 03103193 Page 8
TRHHSMISSIOH REPORT
11 JUL 23 '93 02:59PM )
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June 3, 1993
re: 401 Certification and PDN Request to Disturb 0.58 Acres of
Isolated wetlands for Lowes Companies, Inc. Forsyth County, NC
Dear Mr. Dorney,
I have enclosed seven (7) copies of a 401/PDN request for the
placement of fill and/or disturbance of approximately 0.58 acres of
wetlands. This upland site is mapped Colfax, a poorly drained soil
in the Forsyth County Soil Survey. The 14.64 acre tract is located
on the southeast corner of the intersection of Hanes Mall Blvd and
S. Stratford Road in Forsyth County. These wetlands occur at the
head of a upland drainageway and already have an existing sewer
line through the center of the wetlands. The purpose of the
filling is to build a commercial facility on the site. Thank you
for your assistance and should you have further questions, please
advise.
esp ctfully,
G. Craig rner
Certified Professional
Soil Scientist, # 1885
Enclosure: 7 copies
cc: John Thomas - 1 copy
DEM ID: ACTION ID:
NATIONWIDE PERMIT REQUEST D (PROVIDE NATIONWIDE PERMIT #);
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535 PN ATTN : MR . JOHN DORNEY Telephone (919) 733-50 ?3?+
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT HE QORP!
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DI IS N OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
WATER WETLANOS GROUP'
1. OWNERS NAME: LOWE'S COMPANIES. INC.
c
i
2. OWNERS ADDRESS: BOX 1111
NORTH WILKESBORO', NC 28656-0001
3. OWNERS PHONE NUMBER (HOME); 919-651-4423 (WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,ADDRESS,
PHONE NUMBER: CRAIG TURNER
P.O.BOX 2522
WILMINGTON. NC 28402
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: FORSYTH
NEAREST TOWN OR CITY: WINSTON-SALEM
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
SW CORNER OF INTERSECTION OF S. STRATFORD RD & HANES MALL BLVD.
6. NAME OF CLOSEST STREAM/RIVER: UNNAMED TRIB. TO MUDDY CREEK
7. RIVER BASIN: YADKIN RIVER
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQ, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO (X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0.58
7/8/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.58
DRAINED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
CUT/FILL SITE FOR COMMERCIAL FACILITY
13. PURPOSE OF PROPOSED WORK): FILL SITE FOR COMMERCIAL FACILITY
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. -FACILITY IS NOT FEASIBLE WITHOUT FILLING EXISTING 404 AREA
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAY SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? EXISTING COMMERCIAL
DEVELOPMENT OCCURS ON 2 SIDES, RESIDENTIAL ON 2 SIDES
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
MUNICIPAL A
Wt,1-? 3 / 3 ( /ti3
"1 Q MAMV TT7]
LAND MANAGEMENT GROUP
ENVIRONMENTAL CONSULTANTS
POST OFFICE BOX 2522
WILMINGTON, NORTH CAROLINA 28402
TEL: 919-452-0001
LOWES OF WINSTON SALEM
STRATFORD ROAD SITE
1987 WETLAND DATA SHEET
APPLICANT APPLICATION PROJECT
NAME: G. CRAIG TURNER NUMBER: NAME:STRATFORD ROAD SITE
STATE: NC COUNTY: FORSYTHE LEGAL DESCRIPTION: TWNSHP RANGE _
DATE: MAY 15, 1993 PLOT NO: SECTION:
:.!i'11: ? .?;?? i a .: ?[: -i_?.. ,?.,f ? Yl: i .? ?: 1 I,I li ?[; ?:,;?i .ii :?.ii 1.?I- .... ..?Lh e? .?l tai..
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LOWEss
Companies Inc.
March 22, 1993
TO WHOM IT MAY CONCERN:
Mr. Craig Turner with Land Management Group, Inc., is duly authorized to act as
Agent for Lowe's Companies, Inc. in reference to wetland delineations and wetland
permitting.
Sincerely,
Mi ch nklin
M nager, Site Assessment
ssb
BOX 1111, North Wilkesboro, NC 28656-0001 919 651-4000 TWX 510-922-5737 PAZ 919.651.4766
IMPORTANT
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RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
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October 20, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
TO: John Dorney
THROUGH: Steve Mauney
FROM: Ron Linville
Subject: Home Depot
'J
This morning, I talked with John Thomas concerning the Home Depot project next
to 1-40 in Winston-Salem. He has been able to determine that about 0.2 acres of stream
will be involved in this project. Neither of us believe that this will not cause
degradation to water quality; however, the acreage allows this project to progress
without any preservation of existing conditions based on current guidelines.
Comparing this stream segment to the stream segment (also to be piped and
covered by Lowe's across the road) is like comparing apples to oranges. It appears the
Home Depot stream (with less total acreage) may have provided many more biological
and water quality functions, was a higher order stream, and provided greater pollutant
removal qualities and potential as it was broader and more shallow (streambed to bank
edge heights) than the Lowe's site which contained 0.68 acres of stream and some minor
quality wetlands. Home Depot is also located next to 1-40 (a major truck thoroughfare)
and Sam's which will contribute to the potential for spill events to be funnelled quickly
downstream. Comparatively, the Lowe's site is surrounded by residential and farmland
at the present time.
It would seem that the Home Depot site should not be held specifically to the 0.3
acre guidance required for the 401 certification. There is a real possibility that there
will be degradation or loss of existing uses especially since this creek will be relocated
and hidden in a pipe for about 1300' - 1500'.
Despite the guidance of the 0.3 acre impact prior to 401 certification review,
Lowe's may not believe that they have been dealt with fairly if they discover that Home
Depot does not have similar requirements or responsibilities towards onsite or
downstream water quality concerns or impacts.
If it is impossible to modify the plans at this site, this situation should be used as
an example for review of our 0.3 acre policy especially in the piedmont and the
mountains. A coastal plain stream of 0.3 acre covers a lot less linear footage than 0.3
acre west and north of the coastal areas. In the piedmont and in the mountains, such
losses will be more significant. This is especially true due to greater topographical and
significant population concerns.
MSM/rl
Attachment: Copy of stream channelization memo of 930707.
cc: WSRO
Central Files
NUU-02-1993' 11 • 57 FROM
TO 8919I331JJIJ P. 141
North Carolina Department of
Environment, Health, and Natural
Resources
Division of Environmental Management
Water Quality Section
Winston-Salem Regional Office
FAX
TO: o
# of pages _.?.^ FAX # „/ 5 7 33 T / 3? 8'
FROM:
I
NOTE: ?e J c t, ? v er
-7?
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8026 North Point Blvd., Suite 100, Winston-Salem, NC 27106-3203 • 919.896-7007 • FAX 919.896-7006
TUTNL P.01
ME[
DATE:
TO: SUBJECT:
t
CA
From:
ANA 51'ATE cr
North Carolina Department of Environment,
Health and Natural Resources
Printed on Recycled Paper
IMPORTANT
0 I
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Date 10 I--_((-ZS Time
WHILE Y?,O[LU?- WERE OUT
,qa_?-o wrllrD o k.
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Message ?'i'?"`?
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TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
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RETURNED YOUR CALL
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V?? Primed on Recycled Paper
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Date Time '
RILE YOU WERE OUT
M eTa " 7? S --
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Message
Signed
TELEPHONED PLEASE CALL
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an -
N.C. Dept. of Environment, Health, and Natural Resources
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
TELECOPY TO:
1 FAX # (919) 733-1338
i
FAX NUMBER: 33
FROM:
PHONE:-2E-)?-?'(-(-
l -
NUMBER OF PAGES, INCLUDING THE COVER SHEET:_
TRA ISI''l I SS I ON REPORT
{.:::+.:+ +_+ +-+-+-+ + + I I +. i # + i +.<+..+ + h
+ +=ACT ?E "?? t={?' ?9Fq1
DOTE -THRT REMOTE TERMPIHL MODE TIME RE'=;1_ILTS T,_-ITHL DEFT. FILE +
TIRE IDE11TIFIC:HTIcill PHGE CODE r4j.
+: OCT Er, 02 E7P1I :A1'4?,.=l=,r, r _IE
+: {',? :+.;+h. +.h„+:+ k.h:;+:-+. + + ;+::,+: +;{' 4';+: {::+ *,;+:++:4 + + + + + I + + .+ +: + { + +.:+:: k':+ 4 f: +':.{::::+..+,h. + + f + + + + + + + kh :4: + {, f: f.:+'+:%k +-+,+. } :+: k k':+ -{: h:,+.;+ ? :4 -+:h
October 20, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
TO: John Dorney
THROUGH: Steve Mauney ' ?-
FROM: Ron Linville
Subject: Home Depot
This morning, I talked with John Thomas concerning the Home Depot project next
to 1-40 in Winston-Salem. He has been able to determine that about 0,2 acres of stream
will be involved in this project. Neither of us believe that this will not cause
degradation to water quality; however, the acreage allows this project to progress
without any preservation of existing conditions based on current guidelines.
Comparing this stream segment to the stream segment (also to be piped and
covered by Lowe's across the road) is like comparing apples to oranges. It appears the
Home Depot stream (with less total acreage) may have provided many more biological
and water quality functions, was a higher order stream, and provided greater pollutant
removal qualities and potential as it was broader and more shallow (streambed to bank
edge heights) than the Lowe's site which contained 0.68 acres of stream and some minor
quality wetlands. Home Depot is also located next to 1-40 (a major truck thoroughfare)
and Sam's which will contribute to the potential for spill events to be funnelled quickly
downstream. Comparatively, the Lowe's site is surrounded by residential and farmland
at the present time.
It would seem that the Home Depot site should not be held specifically to the 0.3
acre guidance required for the 401 certification. There is a real possibility that there
will be degradation or loss of existing uses especially since this creek will be relocated
and hidden in a pipe for about 1300' - 1500'.
Despite the guidance of the 0.3 acre impact prior to 401 certification review,
Lowe's may not believe that they have been dealt with fairly if they discover that Home
Depot does not have similar requirements or responsibilities towards onsite or
downstream water quality concerns or impacts.
If it is impossible to modify the plans at this site, this situation should be used as
an example for review of our 0.3 acre policy especially in the piedmont and the
mountains. A coastal plain stream of 0.3 acre covers a lot less linear footage than 0.3
acre west and north of the coastal areas. In the piedmont and in the mountains, such
losses will be more significant. This is especially true due to greater topographical and
significant population concerns.
MSM/rl
Attachment: Copy of stream channelization memo of 930707.
July 7, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
TO: Eric Galamb
THROUGH: Steve Mauney '''
FROM: Ron Linville
Subject: Ideas for Stream Rechannelization/Relocation Guidelines
(Response to Task Force Memo of 930629)
The disruption of natural streams should be mitigated by recreating
as much as possible the conditions found in the old stream bed when
the manmade stream is constructed. As it is doubtful that such a
recreation can be fully successful, there should be a mitigation plan
or banking established for approximately an acre of protected
wetlands, scenic rivers, bogs or streams for every stream acre
diverted and recreated. We would not simply "write-off" any waters
or functions with this type of program (for examplel: 1 orl :0.5 plus
recreation). DEM personnel could conceivably recommend particular
sites of concern where mitigation planning or banking might be
beneficial to the public and to the environment.
Additionally, it would be advantageous to pre-approve some basic
engineering design criteria for these projects which would protect
aquatic life during construction and after construction, especially
where potentially important habitat and migration concerns may be
significant Oe. trout, etc.).
It may be very much worthwhile to have a planningmeeting of the
regional Wetlands/401 personnel in Raleigh in order that this matter
can be brainstormed. Obviously such a meeting would need some
preliminary discussions on overviews or concerns and present
policies and/or procedures. Some selected projects could then be
considered for review and comments.
MSM/rl
cc: WSRO
Central Files
GREENBERG FARROW
October 14, 1993
Mr. John Dorney
N.C. Depart. of Health &
Environmental Resources
Raleigh, North Carolina
VIA FAX: 919-733-1338
RE: The Home Depot - Winston Salem, North Carolina
GFA Project No. 92521.02
Dear Mr. Dorney:
ARCHITECTURE • PLANNING
OCT 2 01993
As we discussed on the telephone this afternoon, Home Depot is in the process of constructing a
store on Hanes Mall Boulevard in Winston Salem, NC. As part of the site work, a creek section of
creek will be piped.
John Thomas of the Army Corps of Engineers will be on the site Monday, October 18 to verify
whether or not the affected creek bed is less than 1/3 acre. Since we are on a very tight
construction time frame, because of a limited "window" to relocate a 30" water transmission line,
we are proceeding with construction and relocation of the creek in the area of the water line
relocation with the following understanding:
If the area of the creek bed, as determined by the Corps, is less than 1/3
acre, then no permits or approvals are required from your department.
2. If the filled area of the creek bed is greater than 1/3 acre, then we will design
and construct a wet detention pond to N.C. State specs which comply with
the 401 Water Certification requirements. The plan and application will be
submitted as soon as practical after the Corps determines the affected area
is greater than 1 /3 acre.
We appreciate your help in this matter. If you have any questions, please do not hesitate to call.
Sincerely,
GREENBERG FARROW ARCHITECTURE, INCORPORATED
qlerl-
John R. Clifford
xc: Jerry Timm, Home Depot
Tim Weisnecker, Abrams
Ken Foster, Gupton Foster
GREENBERG FARROW ARCHITECTURE INCORPORATED
IMPORTANT
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Signed
N.C. Dept. of Environment, Health, and Natural Resources
?(]?? Printed on Recycled Paper
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AREA CODE NUMBER EXTENSION
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Signed
N.C. Dept. of Environment, Health, and Natural Resources
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L--, -20-1913-7 18 FROM
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North Carolina Department of
Environment, Wealth, and Natural
1 Resources
t? 4
- Division of Environmental Management
Water Quality Section
'A- _16
QIIMA a
Winston-Salem Regional Office
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October 20, 1993
1-0 8131y'rjJ 1 H. U2
D I V I S ION OF EN V I RONMENTAL MANAGEMENT
MEMORANDUM
TO: John Dorney
THROUGH: Steve Mauney
F ROM: Ron Linville
Subject: Home Depot
This morning, I talked with John Thomas concerning the Home Depot project next
to 1-40 in Winston-Salem He has been able to determine that about 0.2 acres of stream
will be involved in this project. Neither of us believe that this will not cause
degradation to water quality; however, the acreage allows this project to progress
without any preservation of existing conditions based on current guidelines.
Comparing this stream segment to the stream segment (also to be piped and
covered by Lowe's across the road) is like comparing apples to oranges. It appears the
Home Depot stream (with less total acreage) may have provided many more biological
and water quality functions, was a higher order stream, and provided greater pollutant
removal qualities and potential as It was broader and more shallow (streambed to bank
edge heights) than the Lowe's site which contained 0.68 acres of stream a some minor
quality wetlands. Home Depot is also located next to 1-40 (a major truck thoroughfare)
and Sams which will contribute to the potential for spill events to be funnelled quickly
downstream. Comparatively, the Lowe's site is surrounded by residential and farmland
at the present time.
IL would seem that the Home Depot site should not be held specifically to the U,3
acre guidance required for the 401 certification. There is a real possibility that there
will be dearadatio orJoss of existing uses especially since this creek will be relocated
and hidden in a pipe for about 1300' -- 1500'.
Despite the guidance of the 0.3 acre impact prior to 401 certification review,
Lowe's may not believe that they have been dealt with fairly if they discover that Home
Depot does not have similar requirements or responsibilities towards onsite or
downstream water quality concerns or impacts.
If it is impossible to modify the plans at this site, this situation should be used as
an example for review of our 0.3 acre policy especially in the piedmont and the
mountains. A coastal plain stream of 0.3 acre covers a lot less linear footage than 0.3
acre west and north of the coastal areas. In the piedmont and in the mountains, such
losses will be more significant. This is especially true due to greater topographical and
significant population concerns
MSM/ rl
Attachment: Copy of stream channe I 17at for) memo of 930707.
?J1 J I ?JZ JJ J r. ??
T,CT-20-1993 09:19 FRUr1 l u
July 7, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
10. Lric Galamb
THROUGH: Steve Mauney
FROM: Ron Linvillc
Subject: Ideas for Stream Rechannelization/Relocation Guidelines
(Response to Task Force Memo of 930629)
The disruption of natural streams should be mitigated by re reatin
as much as possible the conditions found in the old stream bed when
the manmade stream is constructed. As it is doubtful that such a
recreation can be fully successful, there should be a mitigation plan
or banking established for approyimately an acre of protected
wetlands, scenic rivers, bogs or streams for every stream acre
diverted and recreated. We would not siml2ly "write-off" any waters
or_functi_o_ns with this type of program (for example]: 1 or1-0.5 plus
recreation). DEM personnel could conceivably recommend particular
sites of concern where mitigation planning or banking might be
beneficial to the public and to the environment.
Additionally, it would be advantageous to pre-approve some basic
encLlneerin design criteria for these projects which would protect
aquatic life during construction and after construction, especially
where potentially important habitat and mi rag?tioo concerns may be
significant Oe. trout, etc)
it may be very much worthwhile to have a planning meeting of the
regional Wetlands/40, personnel in Raleigh in order that this matter
can be brainstormed. Obviously such a meeting would need some
preliminary discussions on overviews or concerns and present
policies and/or procedures Some selected projects could then be.
considered for review and comments.
MSM/rl
cc WSRO
Central Files
TUTHL P. 037
MEM,
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